Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-11-06

remedy, pfONiuN" ~ ~ ~, ~ s'N't~
~ ne nature. Such are the homestead
law and stay Law, aud statutes OF linita,,
lion in Virginia, &c. There is broad
line of distinction between these cases
and the virginia coupon cases ]. In
all these have vested rights III private
persons. money deposited, estates sold on
The faith OF legislative acts. and Il repeal
of the law would yio!atr the obligations
of contracts between private individuals
the cases decided affected citizens oil
the State which passed the acts, ana IN
M cnse was there q suit IN violation OF
the eleventh amendment. / propose nov
~ take the coupon cases. The CONTRACTS
which Virginia made in 1871 were Tor
fine most part with foreigners or citizens
Of other states. She issncd her coupons
povable to bearer at the State Treasury
1;camoud). Tho Supreme Court has
decided that coupon bonds are negotla-
bic Il We'll SO. 1885, 3 Id $40 hence
Virginia has mndc negotiable contract
The law which governs negotiable paper
is different from that which governs com
mon law paper 1t Is only necessary TO
state
THE LAW or THE FIRST.
The endorsce takes the legal title to the
note, bill, orcoupon. All the defences OF
every kind when the debtor has against
the creditor are cut Of. H., the credl-
tor wasa foreigner and could not sne,
the cudorsee taking the legal title and
not claiming. though The creditor, being
E,rsiuian. can sue-the debt, which
was before the assignment. only moral
o1Upat,on which could not be enforced,
winch not 20 pay WIS no violation OF the
ohlsation Of contracts within the mean
irg O., the Constitution, rlpens, II /
nav so Use the wore, 10y the ASSIGN
ment into a legal contract, which
ON be cnforced-1G Pet, 3lj, ".
= U. law Notes-negotiable paper.
The endorsement is new contract.
Vbe cuIurser Is held 10 have drawn q
i.w bill ia favor of end0rsee, ana IS
cutie different from that Of the original
l.ta. g. Wheat, ll6, . d., J3I.) And
If enforcement a. not d0'cd. the date OF
tne ORIGINAL uote is taken to be that OF
tac ucw contract. (lG Ind, 2C3.J But
IL dated then the date of endorsement ls
taa p, is % legitimate conclusion from
tlca1oye. Time then cutters as an in
crtdIDnt into tLis contract between IN
loiser aui ,nGorscc. iUr they are held
60 contra II reference to laws IN force
at tie time Of the assignment OF the
aofc. sc.. in the STATE whore the
contract is 60 be governed, and
- 4be os.ion.
o' o.. 'I''' I.o- Ii1|'''' 11,,tr,nt -,
iD'i' ID ".''Jo 20 49, t5,n ~ cn,o,
=, ~ ' r','r ~ 20 ti,a I,w of tbs
-, :, 10 r,,ro IS Lao,
49, l,t.oa;s
'''' l....,.,.,..,,
Nl'It "ie II u"II'' 1C'' '' '', 'i"' Il,
j no p''ce - named 'nru '''e ID" ~, .,
l.l' 'i,r "! '"e '"u'' ~, F9'',I''
~ IT, ~, AsOi'"S 80. 0u,'' - -
ID. Story : % H., H.. '-',, n.iI' W. -
~. h.. q. ia" '"'e'' O"i''ict u Inv b.
We lave already seen 'ilu tue nr pr.
governs the rcmeiy-o Row; :,
Johns -jj, ! j.. AMI H. ouu' q Iel. 'pi'
81 'f. 3f1. - rex. o'' mason - i"'
~. 9"r, tei Us Apply ms PIlut'l ''C'
~ il". me coupon was IRA" III, IL III 80
moud ana maze p'yao-e III hlcilIl'u ),
'ad the a'"Shme1t Is 'do t ua'c %
9 NJ" con.iatt me laws Oh lI@tn 10
80 the tine oil tle as''ShhGnt 'n'u
govern h'th remedy ana opIS"'loi
oI tie contract. Nheh tHere IS no
NEW CONTRACT
brtraan Vireiuiaau1 epdorsee the above
r,ircin-as SIN Govern. because they con
t-.l+ I'm reference TO her laws in force ut
fine M fbea..ionment Who then. Task.
lo.s yirginio violate the OBLIGATION OF
c.Ytroct NH . l. II with fine ASSIGNEE ?
H. occurred IL At date OF assignment.
which ,. , nam conty1cf. and it Is gov
,ru,I lv th, I,r >oIDfiOniS. Does she
y.5'.,.a contract with the creditor? He
never sad any contract in the meaning
of the Constitution. It was always
yoidable bv the eleventh amendment
put II was held i'm +. ). Rep. III that
Nlo LEGISLATION of Virginia up 10 that
fine I'm -er,rd TO her debt must be con-
silcr.I as p whole. The scheme of the
whole +, iudivsible into parts and the
whole lpeislahon in all lis parts as to
creditor, affected by it and not consent
inc ~ IL is null and void" This deci-
sion can apply only to acts passed 10y
tSe Tog,sIt,nfe inter the assignment
-, ~ - - oonrot srnly e. acts
nluA' iA"' 'ANt'' - I'm "ii.iJ W 49,